ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: ED DP 10-0-0-0

HB 2352: school facilities oversight board; continuation

Sponsor: Representative Udall, LD 25

Caucus & COW

Overview

Continues the School Facilities Oversight Board (SFOB) for three years.

History

Laws 2021, Chapter 404 created SFOB within the Division of School Facilities (Division), both of which are housed within the Arizona Department of Administration and transferred the powers and duties of the School Facilities Board to SFOB and the Division. SFOB is required to: 1) review and approve student population projections submitted by school districts for the purposes of New School Facilities (NSF) Fund funding; 2) certify that plans for new school facilities meeting the building adequacy standards; and 3) submit multiple reports detailing SFOB's and the Division's activities (A.R.S. § 41-5702). Furthermore, SFOB is responsible for reviewing all policies and procedures that the Division develops to administer the Emergency Corrections Deficiencies Fund and Building Renewal Grant Fund (A.R.S. §§ 41-5721, 41-5731).

SFOB consists of seven members: one member who represents a statewide organization of taxpayers, one member who is a registered professional architect, one member with knowledge and experience in school facilities management in a public school system, one member who is a registered professional engineer, two members who are owners or officers of a private construction company and have knowledge of and experience in constructing large commercial or government buildings and whose businesses do not include school construction and one member who represents the business community (A.R.S. § 41-5701.02).

The House of Representatives and Senate Education Committee of Reference (COR) recommended that SFOB be continued for three years until July 1, 2025 (COR Minutes).

Provisions

1. Continues, retroactive to July 1, 2022, SFOB until July 1, 2025. (Sec 2, 4)

2. Repeals SFOB, the Division and related statutes on January 1, 2026 only if:

a) SFOB has no outstanding state school facilities revenue bonds, no outstanding state school improvement revenue bonds and no outstanding lease-to-own transactions; or

b) The Legislature has otherwise provided for paying or retiring any outstanding state school facilities revenue bonds, any outstanding state school improvement revenue bonds and any outstanding lease-to-own transactions. (Sec. 2)

3. Provides that if neither of these conditions are met by January 1, 2026, SFOB, the Division and related statutes are repealed 30 days after the retirement of all revenue bonds and any outstanding lease-to-own transactions. (Sec. 2)

4. Contains a legislative intent clause. (Sec. 3)

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8. HB 2352

9. Initials CH Page 0 Caucus & COW

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